H5440 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

an agent of the United States Government or serving as a repository for 

United States Government funds; 

agencies shall not procure, or enter 

into a contract for the procurement of, 

any goods or services from the sanctioned person; 

the Secretary of the Treasury shall 

take actions where necessary to: 

prohibit any United States financial 

institution from making loans or providing credits to the sanctioned person 

totaling more than $10,000,000 in any 12- 

month period unless such person is engaged in activities to relieve human 

suffering and the loans or credits are 

provided for such activities; 

prohibit any transactions in foreign 

exchange that are subject to the jurisdiction of the United States and in 

which the sanctioned person has any 

interest; o prohibit any transfers of 

credit or payments between financial 

institutions or by, through, or to any 

financial institution, to the extent 

that such transfers or payments are 

subject to the jurisdiction of the 

United States and involve any interest 

of the sanctioned person; 

block all property and interests in 

property that are in the United States, 

that come within the United States, or 

that are or come within the possession 

or control of any United States person, 

including any foreign branch, of the 

sanctioned person, and provide that 

such property and interests in property 

may not be transferred, paid, exported, 

withdrawn, or otherwise dealt in; or 

restrict or prohibit imports of goods, 

technology, or services, directly or indirectly, into the United States from 

the sanctioned person. 

Section 5 of the order authorizes the 

Secretary of the Treasury, in consultation with the Secretary of State, to 

block all property and interests in 

property that are in the United States, 

that come within the United States, or 

that are or come within the possession 

or control of any United States person, 

including any foreign branch, of any 

person upon determining that the person has materially assisted, sponsored, 

or provided financial, material, or 

technological support for, or goods or 

services in support of, NIOC, NICO, or 

the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes 

or precious metals by the Government 

of Iran. 

I have delegated to the Secretary of 

the Treasury the authority, in consultation with the Secretary of State, 

to take such actions, including the promulgation of rules and regulations, and 

to employ all powers granted to the 

President by IEEPA, as may be necessary to carry out the purposes of sections 1, 4, and 5 of the order. 

The order was effective at 12:01 a.m. 

eastern daylight time on July 31, 2012. 

All agencies of the United States Government are directed to take all appropriate measures within their authority 

to carry out the provisions of the 

order. 

I am enclosing a copy of the Executive Order I have issued. 

BARACK OBAMA.

THE W

f 

HITE HOUSE, July 30, 2012. 

RECESS 

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the Chair 

declares the House in recess for a period of less than 15 minutes. 

Accordingly (at 5 o’clock and 31 minutes p.m.), the House stood in recess. 

f 

b 1745 

AFTER RECESS 

The recess having expired, the House 

was called to order by the Speaker pro 

tempore (Mr. POE of Texas) at 5 o’clock 

and 45 minutes p.m. 

f 

DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT 

Mr. FRANKS of Arizona. Mr. Speaker, I move to suspend the rules and 

pass the bill (H.R. 3803) to amend title 

18, United States Code, to protect paincapable unborn children in the District 

of Columbia, and for other purposes, as 

amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3803 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘District of Columbia Pain-Capable Unborn Child Protection 

Act’’. 

SEC. 2. LEGISLATIVE FINDINGS. 

Congress finds and declares the following: 

(1) Pain receptors (nociceptors) are present 

throughout the unborn child’s entire body and 

nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 

weeks after fertilization. 

(2) By 8 weeks after fertilization, the unborn 

child reacts to touch. After 20 weeks, the unborn 

child reacts to stimuli that would be recognized 

as painful if applied to an adult human, for example, by recoiling. 

(3) In the unborn child, application of such 

painful stimuli is associated with significant increases in stress hormones known as the stress 

response. 

(4) Subjection to such painful stimuli is associated with long-term harmful 

neurodevelopmental effects, such as altered pain 

sensitivity and, possibly, emotional, behavioral, 

and learning disabilities later in life. 

(5) For the purposes of surgery on unborn 

children, fetal anesthesia is routinely administered and is associated with a decrease in stress 

hormones compared to their level when painful 

stimuli are applied without such anesthesia. 

(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy 

than 20 weeks after fertilization predominately 

rests on the assumption that the ability to experience pain depends on the cerebral cortex and 

requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a 

functioning cortex is not necessary to experience 

pain. 

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless 

experience pain. 

(8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not 

alter pain perception, while stimulation or ablation of the thalamus does. 

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different 

neural elements available at specific times during development, such as the subcortical plate, 

to fulfill the role of pain processing. 

(10) The position, asserted by some commentators, that the unborn child remains in a comalike sleep state that precludes the unborn child 

experiencing pain is inconsistent with the documented reaction of unborn children to painful 

stimuli and with the experience of fetal surgeons 

who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement 

in reaction to invasive surgery. 

(11) Consequently, there is substantial medical 

evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. 

(12) It is the purpose of the Congress to assert 

a compelling governmental interest in protecting 

the lives of unborn children from the stage at 

which substantial medical evidence indicates 

that they are capable of feeling pain. 

(13) The compelling governmental interest in 

protecting the lives of unborn children from the 

stage at which substantial medical evidence indicates that they are capable of feeling pain is 

intended to be separate from and independent of 

the compelling governmental interest in protecting the lives of unborn children from the 

stage of viability, and neither governmental interest is intended to replace the other. 

(14) The District Council of the District of Columbia, operating under authority delegated by 

Congress, repealed the entire District law limiting abortions, effective April 29, 2004, so that 

in the District of Columbia, abortion is now 

legal, for any reason, until the moment of birth. 

(15) Article I, section 8 of the Constitution of 

the United States of America provides that the 

Congress shall ‘‘exercise exclusive Legislation in 

all Cases whatsoever’’ over the District established as the seat of government of the United 

States, now known as the District of Columbia. 

The constitutional responsibility for the protection of pain-capable unborn children within the 

Federal District resides with the Congress. 

SEC. 3. DISTRICT OF COLUMBIA PAIN-CAPABLE 

UNBORN CHILD PROTECTION. 

(a) IN GENERAL.—Chapter 74 of title 18, 

United States Code, is amended by inserting 

after section 1531 the following: 

‘‘§ 1532. District of Columbia pain-capable unborn child protection 

‘‘(a) UNLAWFUL CONDUCT.—Notwithstanding 

any other provision of law, including any legislation of the District of Columbia under authority delegated by Congress, it shall be unlawful 

for any person to perform an abortion within 

the District of Columbia, or attempt to do so, 

unless in conformity with the requirements set 

forth in subsection (b). 

‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

‘‘(1) The physician performing or attempting 

the abortion shall first make a determination of 

the probable post-fertilization age of the unborn 

child or reasonably rely upon such a determination made by another physician. In making such 

a determination, the physician shall make such 

inquiries of the pregnant woman and perform or 

cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the 

medical conditions involved, would consider 

necessary to make an accurate determination of 

post-fertilization age. 

‘‘(2)(A) Except as provided in subparagraph 

(B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as 


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